County Court docs arrived

rad121

Hi guys, quick question here. I have today received CC docs saying Civil Enforcement Ltd are trying to take me (and my wife and mother-in law in a separate docs) to court for £321 after all of us parked in the same spot for between 10-20 mins each - none of us were aware ANPR cams had gone up + no lit signage. We have our defence sorted.

My question is this though, how much info on the defence form do I have to fill in at this point. There's actually not much space on the form. Can I just put in an outline defence at this point for the CC, and give the full defence at a later point? I have read the post on this forum but it't not clear.

Also, can I send in printed copy as per the outline defence or does it have to be handwritten on the court form?

Thanks in advance.

Quentin

First edit your post to remove details of all who were driving.

Then read up in the newbies FAQ thread near the top of the forum on court procedure. There is a whole section on dealing with this.

Umkomaas

I'm no expert on defences, but just a few points from me.

1. If you leave anything out of your defence, you cannot add it after it has been submitted. Well, not that is without paying a sizeable fee for the privilege (£255, I think).

2. CEL have no intention of visiting the small claims court. They are hoping by issuing the claim they cause panic, people crack and pay up immediately. Or, second best for them, people ignore the claim (adopting the ostrich position) and the court award CEL a default win and when it finally dawns on the losing defendant by finding a CCJ awarded against them and their credit rating trashed, they panic again an pay CEL.

3. In light of 2 above, if a robust defence is forwarded to the court, CEL, for well over a year now, have discontinued the claim - so you know what you (and your family) need to do.

4. Written by PePiPoo's highly respected regular 'Gan', the following describes the process CEL go through to inflate their claim, who else they involve, and how to beat them at their game.

The standard process is :

CEL sends an LBA
If no payment, it doesn't issue a claim as it should but sends the account to ZZPS as an excuse to inflate the claim with charges that it's never paid

ZZPS adds £60 and sends two letters in its own name plus one from Wright Hassall Solicitor that adds another £36

Wright Hassall sends two letters - Final Notice and Formal Letter of Claim
If no payment, it sends the account back to CEL

CEL may or may not issue a claim
If it issues a claim it will be for £236 plus a fake £50 Legal representative charge
The additional detailed particulars of claim will have a fake Ashley Cohen signature

If the claim is defended, pointing out the fake charges and signatures, CEL won't reply
After four weeks the court will stay the claim so that CEL will have to pay to revive it
The Defendant never hears from CEL again.

I've written over 120 CEL defences and none of the claims has gone any further.

Coupon-mad

Same as all the other CEL ones.

So easy to see off, just read other CEL threads and the NEWBIES thread post #2, do the AOS online, then file the usual defence in time, and you've won. And so will the others with these scam claims.

We have our defence sorted.

Hope you mean you are all going to use the usual CEL template style defences on the dozens of other ones here right now?

My question is this though, how much info on the defence form

You aren't filling in a form. The NEWBIES thread post #2 tells you about all stages, not that you will need many to see it off!

rad121

Hi guys, some advice please. As already said, been in dispute with a parking co. all the way to small claims court, and a claim being issued against me.

I submitted my defence on June 21, the date of service was 22 June according to MCOL website, whatever that means.
This was 'notified' on 03/07/2017. At what point ie date, am I 'home and dry' if I don't hear anything back by? I had to respond within 14 days, how many days do they get. I've had no questions back yet from MCOL or claimaint. I believe it's 28 days + 5, but my question is really, what is the start point of this limit, 28 days from when???I can't get a straight answer from the web on this.

Coupon-mad

You are not home and dry because the Claimant may have completed a DQ and the CCBC has a delay in handling it/sending you a DQ. Happens a lot, maybe 3 months down the line you can be sure they have let the case be stayed, but they can still pay £100 to resurrect it. So don't assume!

If you look at other CEL cases at the mo (and I would if I were you) people are getting a DQ about a month later, the delay likely to be because of the CCBC backlog.

rad121

Hi guys, update for you. So, while I have yet to hear anything, my mother in law has had a Notice of Allocation to the Small Claims Track letter through. I am rather confused now though as the letter starts with a TAKE NOTICE THAT
1. this is now a defended claim
2. It appears the case is suitable for allocation to the small claims track
3 You must by Sept such and such complete the Small Claims Directions Questionairre Form N180 and file it with the court office and serve copies on all parties.

Who is this aimed at? As we are the defendants, who is this letter meant for - I am totally at a loss here?

Stapled to this letter is a DQ (small claims track) form, which is, by deletion by hand, for the DEFENDENT to fill in. It asks whether I agree the small claims track is appropriate - what is the small claims track? Does it just mean the small claims court?

We really want this, if it comes to it, to be held at our local court, and this question is asked in the docs. However, it then gives confusing data about designated money cases usually go to either claimant's court or defendant's home court - how can it be both?

Any help appreciated.

[Deleted User]

All parties complete an allocation questionnaire. It's the same form for all types of cases.

There will be guidance for responding in the usual place. Yes, nominate your home court and yes it's a small claim track case because of low value and lack of complexity.

Coupon-mad

Did you miss bargepole's post linked in the NEWBIES thread post #2 telling you all about the DQ?

rad121

Thanks, I will take a look. Does this suggest these cowboys are serious about attending court?

Umkomaas

rad121 wrote: »

Thanks, I will take a look. Does this suggest these cowboys are serious about attending court?

Quite possibly, but only they know. You must work on the basis that they are very serious.

Take your eye off this ball and it becomes serious for you - like a default judgment against you and if you ignore that, a credit rating road crash that will have a devastating affect on your ability to take out loans, mortgages, even in certain lines of work, affect employment prospects.

There are still some further steps they need to take before it ends up in the court room, which quite often they don't take, resulting in a discontinuance. But I emphasise, they are totally in control of the destiny of this. Now is not the time for any complacency on your part.

There are numerous other CEL threads running currently, all at the same stage you're at - are you reading them and keeping pace with what others are doing/being advised to do?